Ravi Kumar Singh @ Ravi Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.7045 of 2021 Arising Out of PS. Case No.-267 Year-2019 Thana- EKMA District- Saran ====================================================== RAVI KUMAR SINGH @ RAVI SHANKAR SINGH Son of Late Ram Kishun Singh Resident of Village- Ekri, P.S.- Ekma, Distt- Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-04-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Ekma P.S. Case No. 267 of 2019 registered for the offences punishable under Section 467, 468, 120B of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits as per the prosecution story the informant, on secret information, intercepted a truck and recovered 2610 liters of illicit liquor and the driver of the truck disclosed the name of accused persons including this

Patna High Court CR. MISC. No.7045 of 2021(2) dt.16-04-2021 2/3 petitioner to whom the consignment was to deliver. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and he has no concerned with the seize illicit liquor or the container truck from which it has been seized, however, he is in custody since 30.07.2020.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner has no concern with the seized illicit liquor or the container truck from which it has been seized, his name has been brought in this case without there being any material and he has remained in custody in connection with the present case since 30.07.2020, investigation against him is complete and his further incarceration is not likely to come in aid of investigation or the prosecution, this court directs release of the petitioner abovenamed on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge - cum - Special Judge, Excise, Saran at Chapra, in connection with Ekma P.S. Case No. 267 of 2019 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

Patna High Court CR. MISC. No.7045 of 2021(2) dt.16-04-2021 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.